As for the application for Spanish Nationality, now the process is Telematic, since 2016, through the electronic signature, Our Office IMMIGRATION LAWYER PFBERNALOur office represents you and will follow the whole procedure, as your representative for greater security and agility of the process, you can even send us by email the documentation without the need to travel to the office all online, or also ask us for an appointment at 9130631056. Contact us for more information.

PRIOR TO APPLYING FOR NATIONALITY YOU MUST HAVE PASSED THE CERVANTES INSTITUTE TEST, CCSE TEST, DELE A2, (GRAMMAR For culture other than Spanish speakers).

Information about the exams can be found on the website, CERVANTES Also, the Electronic Headquarters of the Ministry of Justice

Nationality for Sephardic Jews, is governed by law 12/2015, of June 24, requires you to prove documentary proof of Sephardic origin, through certificates of Jewish community, association recognized in Spain or outside Spain, and special ties with Spain, cultural, society, travel to Spain, aid to Spanish institutions.

Nationality Ministry of Justice

Applying for Spanish Nationality by residence

Requirements:
Nationality is the legal bond that unites the person with the state and has the double aspect of being a fundamental right and constituting the legal status of persons. Through this relationship, the individual enjoys certain rights that can be demanded from the state organization to which he belongs and this, in return, can impose on him the fulfillment of a series of obligations and duties.

Spanish nationality is acquired, retained and lost in accordance with the provisions of the law. At PFBERNAL, we are very demanding in presenting the required documentation in a perfect way, we are immigration lawyers with more than 20 years of experience, which provides the client with the best legal advice.We are immigration lawyers with more than 20 years of experience, which gives the client confidence in the presentation of his nationality.

One of the ways to obtain the nationality is by residence, which requires the residence of the person in Spain for ten years legally, continuously and immediately prior to the petition. There are cases in which the required period of residence is reduced; these are:

  • Five years: for the granting of Spanish nationality to those persons who have obtained refugee status.
  • Two years: for nationals of Latin American countries, Andorra, the Philippines, Equatorial Guinea, Portugal or persons of Sephardic origin.
  • One year:

– Whoever was born in Spanish territory.
– He who did not duly exercise his right to acquire Spanish nationality by option.
– The person who has been legally subject to guardianship (under the supervision of a guardian), guardianship or foster care (the foster care that allows the reduction of legal residence to one year is that in which there is a resolution of the public entity that has in each territory entrusted with the protection of minors and the foster care that is judicially recognized) of a Spanish citizen or institution for two consecutive years, even if he/she continues in this situation at the time of the application.
– Who, at the time of application, has been married to a Spaniard for one year and is not legally or de facto separated.
– The widow or widower of a Spaniard, if at the time of the death of the spouse they were not separated, de facto or judicially.
– Born outside Spain of a father or mother (also born outside Spain), grandfather or grandmother, provided that all of them were originally Spanish.

lawyer for Spanish nationality in Madrid

In addition, the interested party must demonstrate good civic conduct and a sufficient degree of integration into Spanish society.

Who can apply/submit:

  • The interested party, by himself/herself, provided that he/she is over 18 years of age or emancipated.
  • The person over 14 years of age assisted by his legal representative.
  • The legal representative of the minor under 14 years of age.
  • The person with judicially modified capacity alone or the legal representative of such person, depending on what is stated in the incapacitation sentence.

Additional information of lawyer for Spanish nationality in Madrid
Documents that must accompany the application for adults:

  1. Foreigner’s Identity Card. European Union citizen’s family card or Certificate of the Central Register of Foreigners or of the Union citizen’s Register.
  2. Complete and valid passport from the country of origin.
  3. Birth certificate of the interested party, duly translated and legalized.
  4. Certificate of criminal record from your country of origin, translated and legalized, in accordance with existing international conventions or consular certificate of conduct issued on the basis of consultation with the competent authorities of the country of origin, it is advisable the TRANSLATION OF DOCUMENTS BY A SWORN TRANSLATOR IN SPAIN.
  5. Marriage certificate if the applicant is married.
  6. Proof of payment of the fee (102 €)
  7. Certificate of criminal record from the Central Registry of convicted persons.
  8. Certificate of census registration. It can be replaced by the authorization to consult the Ministry of Justice stated in the application form.
  9. Letter of apt in the Instituto Cervantes test, the constitutional and sociocultural knowledge test (CCSE) and the Spanish language proficiency test (DELE). It can be substituted by the authorization to consult with the Ministry of Justice, which is included in the application form. In the case of nationals of a country in which Spanish is an official language, exempt from taking the DELE exam in accordance with the Regulation of nationality by residence, a valid passport or certificate of nationality certifying the exemption.

Lawyer for Spanish nationality in Madrid, Documents that must accompany the application of minors or persons with judicially modified capacity, in any case:

A) Minors under 14 years of age or persons with judicially modified capacity who must act through a legal representative:

  1. Standard application form signed by the legal representative. In case of electronic filing, it will be replaced by the on-line form.
  2. Birth certificate from the country of origin duly legalized and translated, if applicable, in accordance with international conventions.
  3. Full passport or identification document in the case of citizens of Schengen member countries.
  4. Proof of payment of the fee.
  5. Authorization of the person in charge of the Civil Registry of the domicile of the minor or of the person with judicially modified capacity, under the terms provided for in the regulations in force.
  6. Identification document of the legal representative(s).
  7. Certificate of training center, residence, foster care, care or special education that certifies the sufficient degree of integration, mandatory in the case of school-age children.
  8. Foreigner’s Identity Card, residence card of a family member of a European Union citizen or Certificate of Registration of a citizen of the Union. It can be replaced by the authorization to consult the Ministry of Justice stated in the application form.
  9. Certificate of census registration. It can be replaced by the authorization to consult the Ministry of Justice included in the application form.

B) Over 14 years of age, but under 18 years of age, not emancipated or with judicially modified capacity, who can act on their own, assisted by their legal representative.

  1. Standard application form. The paper application must be signed by both the interested party and its legal representatives. In the electronic filing, the digital signature of one of them will be enough, but attaching the scanned paper application form signed by all of them.
  2. Birth certificate from the country of origin duly legalized and translated, if applicable, in accordance with international conventions.
  3. Full passport and identification document in the case of citizens of Schengen countries.
  4. Proof of payment of the fee.
  5. Certificate of training center, residence or shelter that accredits the sufficient degree of integration. This certificate will be compulsory for applicants who are minors of school age and provided that the minor or person with judicially modified capacity is enrolled in one of these centers.
  6. Proof of legal representation (court order establishing the representation or identification document of the parents in the case of minors subject to parental authority).
  7. Foreigner’s Identity Card, residence card of a family member of a European Union citizen or Certificate of Registration of a citizen of the Union. It can be replaced by the authorization to consult the Ministry of Justice stated in the application form.
  8. Certificate of census registration. It can be replaced by the authorization to consult the Ministry of Justice included in the application form.

Lawyer for Spanish nationality in Madrid, Additional documents to be provided in specific cases

Refugees.

  • Alien’s Identity Card showing refugee status.
  • Blue Passport of the 1951 Geneva Convention (if available).
  • Certificate from the Asylum and Refuge Office of the Ministry of the Interior (this certificate will be valid for six months from the date of issue) stating: -Name and surname.
    – Date and place of birth.
    – Names of parents.
    – That he maintains his refugee status.

Born in Spanish territory. NATIONALITY BY OPTION

  • Birth certificate of the interested party registered in the Spanish Civil Registry.

Those who have not exercised their right to opt in a timely manner.

  • Birth certificate of the Spanish father/mother.
  • Birth certificate of the interested party registered in a Spanish Civil Registry or judicial resolution where the adoption by a Spaniard or the recognition of the filiation is recorded.

Persons under guardianship, guardianship or non-provisional foster care.

In cases of foster care:

  • Order of the competent Court designating the person who will exercise the guardianship, guardianship or foster care.

In cases of foster care by a Spanish institution:

  • Resolution of said Institution assuming the guardianship, guardianship or foster care.

NATIONALITY BY SIMPLE PRESUMPTION

Article 17 of the Spanish Civil Code, in its application says, that the Spaniards of origin those born in Spain of foreign parents, if both parents lack nationality (stateless), or also, when the legislation of neither of their parents attributes nationality, The minor born in Spain not registered in consulate of the country of their parents and that their parents are within the following Nationalities, being both parents of the same nationality or combined, the following nationalities only,

Argentina, Bolivia, Brazil, Cape Verde, Colombia, Costa Rica, Ecuador, Guinea Bissau, Panama, Paraguay, Peru, Portugal, Sao Tome and Uruguay.

Morocco, you need, that the mother is Moroccan, and father from the above countries.

DOCUMENTATION:

It is provided at the Civil Registry of the parents’ domicile.

To provide consular certificate of the parents that accredits that the minor does not hold the nationality of any of its parents.

Original Birth Certificates of the child’s parents

Passports and identity documents of the child’s parents.

Married to Spanish.

  • Birth certificate of the Spanish spouse, issued by the Spanish Civil Registry.
  • Marriage certificate issued by the Spanish Civil Registry.
  • Certificate of Cohabitation or Joint Registration with the spouse.

Widow/widower of a Spaniard.

  • Spouse’s birth certificate issued by the Spanish Civil Registry.
  • Marriage certificate issued by the Spanish Civil Registry, that is, issued close to the date of the application for nationality.
  • Spouse’s death certificate.
  • Certificate of joint census or cohabitation at the date of death of the spouse.

Spanish descendant

  • Birth certificate of the Spanish father/mother.
  • Grandfather’s/grandmother’s literal birth certificate, only when one of them, or both, are Spanish ascendants. In this case, the birth certificate of the father/mother who is a Spanish descendant must also be presented, even if he/she was or was not Spanish.

Sephardic

  • Documentation accrediting the status of Sephardic in accordance with the provisions of Article 1.2 of Law 12/2015, of June 24, regarding the granting of Spanish nationality to Sephardics originating in Spain.

In any case, payment of the fee must be made prior to sending the application, and it may be made through the following means:

SUBSTANTIATION OF THE APPLICATION FOR SPANISH NATIONALITY: According to Article 10 of the Regulation regulating the procedure for the acquisition of Spanish nationality by residence, approved by Royal Decree 1004/2015, of November 6, if the application or documents submitted do not meet the necessary requirements for obtaining Spanish nationality by residence, the interested party or his representative will be required to correct the deficiency or to accompany, telematically or physically, for collation of the appropriate documents, within a period of three months. In the absence of such correction by the interested party, he/she shall be deemed to have withdrawn his/her request.

Resolution.

The Director General of the Registries and the Notary, will resolve by delegation of the Ministry of Justice in accordance with Order JUS/696/2015 of April 16.

The resolution that declares the granting or denial of the Spanish nationality by residence will be notified to the applicant in the place and form stated in the application.

The effectiveness of the granting of Spanish nationality by residence will be subject to the fulfillment of the requirements of Article 23 of the Civil Code before the Civil Registrar of the domicile within 180 days:

  • That the person concerned is at least 14 years of age and capable of testifying on his or her own behalf.
  • Swear or promise allegiance to the King and obedience to the Constitution and the laws.
  • Renounce their previous nationality. This requirement does not apply to citizens of Latin American countries, Andorra, the Philippines, Equatorial Guinea or Portugal and Sephardic citizens.
  • That the acquisition of nationality be recorded in the Spanish Civil Registry.
  • It is important to have no criminal record, police, cancel them prior to the application, we perform these cancellations, CONSULT US AT 913063105

Contact Abogacía Extranjería for more information.

Lawyer for Spanish nationality in Madrid

We have extensive experience in RESOURCES, Excellent results, ACCESS TO VISUALIZE SENTENCES OF ESTIMATED CASES TO FBERNAL ABOGADOS

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